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The New Normative Spaces of Globalization

On International Commercial Arbitration in Asia and the Principles of Asian Contract Law

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Publié le jeudi 31 mai 2012 par

Résumé

The question whether a new space of commercial regulation is emerging in Asia is generally addressed through the traditional notion of legal order or legal system. Thus, Chinese Law or Japanese Law on Arbitration, for example, is examined by underlining the specificities of such domestic law. Would it be possible to question the emergence of an Asian space of business law, not only from the exclusive standpoint of legal norms but from the standpoint of the actors themselves and their legal practices?

Annonce

Presentation

The first day of this one day and a half seminar will be devoted to the close examination of two significant issues of positive law. The afternoon of the second day will give the participants the opportunity to question these legal practices from a theoretical standpoint.

During the first day of the seminar (June 7), the participants will focus on positive law and examine: the elaboration of the so-called Principles of Asian Contract Law, PACL (Panel 1); the practice of international commercial arbitration in Asia (Panel 2). Naoki KANAYAMA will talk about the efforts of a multi-national group of Asian contracts scholars to develop a private convention of contract law principles, drawing from multiple national traditions. In the same way, Yoshihisa HAYAKAWA will describe the roles of choice and mixing in developing the infrastructure for private international commercial arbitration in Asia. Involving all te participants, the following discussion will focus on three specific set of questions:

How do the concerned actors (i.e. those involved in the drafting of principles such as PACL or in international commercial arbitration) choose the law? What is their practice regarding the choice of the law?

What are the chosen norms? And is it relevant to consider the choice of the law in terms of normative creation?

What are the discourses of the concerned actors regarding both their own practice of choice and the chosen norms?

During the second day of the seminar (June 8), the participants will examine the cases dealt with the first day and their common features from a theoretical point of view. Four participants will address from various disciplinary perspectives and approaches the demarcation of emerging and evolving spaces as well as the construction of these spaces as artifacts for human activity. Confronted with the intricacies of a changing regulatory architecture consisting of both public and private, “hybrid” norm creation systems which are no longer exclusively located on either on a domestic or international level, they will also – as well as the other participants – engage in methodological introspection.

Participants (alphabetical order)

Thomas Brisson (Associate Professor, Paris VIII University)

Laurent Dubois (Registered Foreign Lawyer, Tokyo)

Isabelle Giraudou (Researcher, French Research Institute on Japan, Maison franco-japonaise)

Kō Hasegawa (Professor, Hokkaido University)

Yoshihisa Hayakawa (Professor, Rikkyo University)

Béatrice Jaluzot (Associate Professor, IEP, Lyon III University)

Naoki Kanayama (Professor, Keio University)

Sōichirō Kozuka (Professor, Gakushūin University)

Étienne Laumonier (Lawyer, Partner, Ho Chi Minh City)

Gilles Lhuilier (Professor, South Brittany University, Research Associate at CEDE-ESSEC Business School)

14.10 – 14.40 First intervention

15.00 – 15.30 Second intervention

Gilles Lhuilier, Professor, South Brittany University, Research Associate at CEDE-ESSEC Business School: “The Concept of ‘Normative Space’ (From International Law to Philosophy of the Mind and Japanese Cooking”

Discussion (20 minutes)

Coffee Break (15 minutes)

16.05 – 16.35 Third intervention

Kō Hasegawa, Professor, Hokkaido University: “Observations on the Making of Normative Spaces from the Viewpoint of Legal Philosophy"

Discussion (20 minutes)

16.55 – 17.25 Fourth intervention

Thomas Brisson, Assistant Professor, Paris VIII University: “Observations on the Making of Normative Spaces from the Viewpoint of Historical Sociology”